At the least, the trial court must give an inmate forty-five days to pay the partial filing fee.
Adams v. ArvinMeritor, Inc., No. 49S02-1610-PL-532, __ N.E.3d __ (Ind., Oct. 12, 2016).
Inmates had no private right of action to pursue wage claims against a privately owned company where they worked while inmates in the Indiana Department of Correction.
Lewis v. State, No. 45S00-1601-LW-32, __ N.E.3d __ (Ind., Oct. 4, 2016).
The imposition of a sentence of life without parole was reversible error by the trial court because the sole aggravating factor supporting the sentence was not determined by the trier of fact beyond a reasonable doubt during the penalty phase. The Supreme Court concurred with defendant’s initial request, and in the interests of judicial economy, exercised their appellate prerogative and resentenced him to a total term of 88 years.
McKeen v. Turner, No. 53A05-1511-CT-2047, __ N.E.3d __ (Ind. Ct. App., Oct. 4, 2016).
“[A] plaintiff may raise any theories of alleged malpractice during litigation following the [Medical Review Panel] process if (1) the proposed complaint encompasses the theories, and (2) the evidence related to those theories was before the [Medical Review Panel].”
Sturdivant v. State, 08A02-1601-CR-186, __N.E.3d__ (Ind. Ct. App., Sept. 28, 2016).
Trial courts are in the best position to assess the competency of criminal defendants and the knowingness and intelligence of waivers of the right to counsel, and that determination will only be reversed if it was clearly erroneous.